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A Failed Bank, A Lawsuit, And Some Interesting Questions

Though 268 banks have failed since January 1, 2008, there has been relatively little litigation related to the failed banks, as least so far. For example, the FDIC only recently filed its first action against former directors and officers of a failed bank (as discussed here ). There have also been relatively...

Insurance Coverage for SEC Investigations

By Gregory S. Wright and Richard A. Kirby, Partners, K&L Gates In their article appearing in the November/December 2010 issue of Coverage , Insurance Coverage for SEC Investigations , Gregory S. Wright and Richard A. Kirby report that in several recent court decisions coverage has been found...

D&O Insurance: Advancing Defense Costs in Bankruptcy

After entity coverage began to be added to the D&O insurance policy a couple of decades ago, a recurring problem in the bankruptcy context was whether or not the D&O policy proceeds were property of the estate under Bankruptcy Code Section 541 (a) and subject to the automatic stay under Bankruptcy...